ALLEGED RAPE AND SEXUAL ASSAULT OF A CHILD DEFENSE

A CLOSER LOOK AT ARTICLE 120B – RAPE AND SEXUAL ASSAULT OF A CHILD

Under the UCMJ Text of Statute, an individual is said to have committed the rape of a child if he/she has:

• engaged in a sexual act with a child who is less than 12 years of age, or
• engaged in a sexual act with a child who is aged 12 years by (a) the use of force (b) the use of threat or fear (c) making the child lose its consciousness (d) giving the child a drug, intoxicant or other substance

AN INDIVIDUAL STANDS ACCUSED OF:

(b) Sexual assault of a child if he/she has committed a sexual act upon a child who has completed 12 years.

(c) Sexual abuse of a child if he/she has committed a lewd act upon the child.

For prosecution under this section, when the child is under 12 years of age, the accused individual cannot cite as defense a reasonable belief that the child was at least 12 years of age. In cases where the child is under the age of 16 years, the accused must prove that he/she had strong evidence to reasonably believe that the child was at least 16 years old.

When proving that the individual made a threat, it is not necessary to prove that he/she had the intention of, or, was capable of carrying it out. The question of consent doesn't come into the picture in this section.

When it appears as if the odds are stacked against the accused, the counsel of a dynamic military lawyer can be instrumental in deciding the fate of the court-martial.

POTENTIAL SENTENCE FOR RAPE AND SEXUAL ASSAULT OF A CHILD

Servicemen convicted of rape or sexual assault of a child face punitive discharge, confinement and forfeitures.

HERE IS A LOOK:

• Rape of a child: The convicted individual can be awarded a death sentence, be discharged due to bad conduct or awarded a dishonorable discharge. Life imprisonment is another form of punishment, as is forfeiture of total pay and allowance.
• Aggravated sexual assault of a child: The convicted individual can face bad conduct or dishonorable discharge, be awarded prison time of 20 years, and be forced to forfeit total pay and allowance.
• Aggravated sexual abuse of a child: Dishonorable or bad conduct discharge are the punitive discharges under this offense. The convicted individual can face jail time of 20 years, and forfeiture of total pay and allowance.

Note: Previous to June 28, 2012, the following punishments were awarded under this section

• Aggravated sexual contact with a child: This offense is punishable by dishonorable discharge or bad conduct discharge, confinement of up to 20 years, and full forfeiture of pay and benefits.
• Abusive sexual contact with a child: This offense is punishable by dishonorable discharge or bad conduct discharge, confinement of up to 15 years, and full forfeiture of pay and benefits.
• Indecent liberty with a child: This offense is punishable by dishonorable discharge or bad conduct discharge, confinement of up to 15 years, and full forfeiture of pay and benefits.

An experienced military lawyer can present a compelling case against tough odds and tackle accusations head-on with fearless determination. Leverage Joseph Jordan's specialized knowledge and boots-on-the-ground experience to get results on par with reasonable expectations.